Senator Milne asked the Minister representing the Minister for Home Affairs, upon notice, on 18 March 2008:

With reference to the answer provided to paragraph (4) of question no. 109 taken on notice by the Australian Federal Police (AFP) during the 2006-07 Budget estimates hearings of the Legal and Constitutional Committee and to the answer provided to question no.113 taken on notice by the AFP during the 2006-07 additional estimates hearings of the committee:

(1)In regard to the ‘Australian officials’ who viewed the North Jakarta Harbourmaster’s report dated 22 Oct 2001, submitted as an attachment to the answer to paragraph (a) of question no. 113: (a) what are their names; (b) which department or agency did they represent; (c) were they the same officials who viewed ‘an Indonesian National Police (INP) Report dated 24 October 2001’; if not: (i) what are the names of those officials, and (ii) what department or agency did they represent; (d) on what date did they first view the North Jakarta Harbourmaster’s report dated 22 October 2001; (e) when did the AFP first become aware of the report; (f) on what date did the officials first view the Indonesian National Police (INP) report dated 24 October 2001; (g) when did the AFP first become aware of the INP report; and (h) when did the AFP first become aware of the rescue coordinates contained in the INP report.

(2)In regard to part (d)(iv) of question no. 113 regarding the INP report dated 24 October 2001, given that the response did not answer the question: (a) on what date did the AFP request a copy of the document from the Indonesian police; (b) how was it requested, that is, was the request made verbally or in writing; and (c) if the request was made in writing, can a copy of the request be provided.

(3)In regard to paragraph (d)(ix) of question no. 113, is the report that was viewed by Captain Johnston of the Royal Australian Navy on 25 July 2002 the same report that the AFP referred to, in the answer to paragraph (4)(a) of question no. 109, as the ‘Indonesian National Police (INP) Report dated 24 October 2001’.

(4)In regard to paragraph (e) of question no. 113, given that the answer that was provided is unclear, in that it quoted from the Department of Foreign Affairs and Trade cable of 23 October 2001, ‘Indonesia: Sinking of Illegal Immigrant Vessel 0.JA25691 1049’, but the question was in regard to the validation of the coordinates of the rescue position, in regard to the estimated sinking position: (a) how did the AFP validate the coordinates of the rescue position; and (b) when were they validated.

(5)In regard to paragraph (f) of question no. 113: (a) which document contains ‘the coordinates that the SIEV X are believed to have sunk’; (b) what are coordinates; and (c) can a copy be provided of this document.

(6)In regard to the answers to paragraphs (h)(ii) to (v) of question no. 113 regarding the AFP’s efforts to locate the vessel that rescued the SIEV X survivors: (a) what are the ‘unforseen circumstances in Jakarta’ that mean that ‘[the question(s)] cannot be answered in the immediate future’; and (b) when is it anticipated that these questions can be answered.

(7)In regard to question no. 58 taken on notice during the 2002-03 supplementary budget estimates of the committee: (a) what was the ‘information obtained from Indonesian National Police 'to calculate where the vessel may have foundered’; and (b) can a copy of this information be provided.

(8)In regard to the Indonesian Jakarta Harbourmaster’s report dated 22 October 2001, did the AFP, or any other Australian agency, attempt to locate Mr Majid, the captain of the Arta Kencana 38, mentioned in the report as the captain of the vessel that brought 44 of the 45 survivors to Jakarta on 22 October 2001; if not, why not, given that the information that the Captain could provide on the rescue position could have been used to estimate the probable area of sinking; if so, can details be provided of the officials involved, what actions were undertaken and the dates these actions occurred.

(9)What was the earliest date that any AFP official heard, by any means, that the location of the rescue of SIEV X survivors was reported to be 07 40 00S / 105 09 00E.

Senator Ludwig - The Minister for Home Affairs - has provided the following answer to the honourable senator’s question:
(1)(a)AFP holdings indicate Captain Alan Hugh Johnston - RAN (Retd.)
(b)The Royal Australian Navy.
(c) Yes
(d)This is a matter for response by the Minister for Defence.
(e)The SBS Dateline program, dated 22 May 2002, mentioned a document from the Sunda Kelapa Harbour Master containing coordinates where the survivors were picked up.AFP obtained a copy of the Harbour Masters report on 22 December 2003.
(f)This is a matter for response by the Minister for Defence.
(g)On 22 May 2002, the SBS Dateline program mentioned a document from Sunda Kelapa Harbour Master contained coordinates where the survivors were picked up.
(h)On 22 May 2002; the coordinates were publicly broadcasted on SBS Dateline program this date.
(2)(a)A search of AFP holdings has failed to reveal what date the request was made to the INP.
(b)A search of AFP holdings has failed to reveal how that request was made.
(c)Refer to answer 2 b).
(3) Yes.
(4)(a)The AFP relied on the calculations of Captain Johnston (RAN), to attempt to validate the coordinates recorded on the INP report dated 24 October 2001.
(b)This is a matter for response by the Minister for Defence.
(5)(a)Department of Foreign Affairs and Trade Cable JA 25691 of 23 October 2001 and Navy correspondence from Jakarta Post dated 28 June 2002 and 25 July 2002.
(b)Judged to be no further south than 8 Degrees South Latitude on a direct line between Sunda Strait and Christmas Island.And rough estimate of around 7 Degrees 58 Minutes South Latitude, 105 Degrees 15 Minutes East Longitude.
(c)This is a matter for the Minister for Foreign Affairs and the Minister for Defence.
(6)(a)The delay in AFP Jakarta providing this information was caused by their operational commitments to the Garuda Airlines crash in Indonesia.
(b)AFP Canberra has now received copies of all SIEV X related documents held by AFP at Jakarta Post.
In relation to Question 6 of QoN 109.
(ii)A search of AFP holdings has failed to reveal on what date the photograph of Captain Imam was provided to the INP.
(iii)A search of AFP holdings has failed to reveal what date the INP advised that it could not locate Captain Imam or his boat the Indah Jaya Makmur.
(iv)A search of AFP holdings has failed to reveal what date the INP advised that it could not locate Captain Imam or his boat the Indah Jaya Makmur.
(v)A search of AFP holdings has failed reveal when or if the AFP asked the INP to locate the vessel by this new name Gemilang Jaya 9.
(7)(a)A search of current AFP holdings has failed to reveal the actioning officer of QoN 58, asked on 20 November 2002. The AFP is unable to identify the information obtaine from the Indonesian national Police.
(b)Refer to answer 7 a).
(8)The AFP has attempted to locate Mr Majid. On 7 May 2003, Federal Agent Warton sent an overseas liaison communication to AFP Jakarta Post with instructions to conduct enquiries to locate the Indonesian Captain named Mr Majid. On 3 October 2003, Liaison Officer Jakarta, Federal Agent Kelsey, replied with an overseas liaison communication stating, “These crew and captain have not been found either.I have sent chasers to Polri re this also.”Major Hero Henriento of the (INP) Marine Police Unit, is named as the contact officer.
(9)Refer to answer 1 h).